South Carolina Child Custody Questions & Answers
Q: Can you appeal/overturn an ex parte/emergency custody order?
Cheryl Ann Truesdale's answer
An ex parte Emergency order is an interim order and as such cannot be appealed. Most such orders, however, provide for a subsequent hearing, once the defendant is served, to allow a challenge to the decision. You can also file a motion for reconsideration within ten days of receiving the order.
An ex parte Emergency order is an interim order and as such cannot be appealed. Most such orders, however, provide for a subsequent hearing, once the defendant is served, to allow a challenge to the decision. You can also file a motion for reconsideration within ten days of receiving the order.
Q: I need to get custody of my daughter back, and the man on the birth certificate is not the biological father.
Cheryl Ann Truesdale's answer
You need to consult with a lawyer in your area to help you file either a contempt action of a modification action.
You need to consult with a lawyer in your area to help you file either a contempt action of a modification action.
Q: My ex is the custodial parent, I’m suffering hardships; loss of job, He equates visitation by support payments, can he?
1 Answer
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Child Custody, Child Support, Divorce and Family Law
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South Carolina
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Answered on Nov 26, 2018
Answered on Nov 26, 2018
Cheryl Ann Truesdale's answer
Support and visitation are separate issues. If he is violating a provision of a court order, you can file a rule to show cause to compel compliance with the order.
Support and visitation are separate issues. If he is violating a provision of a court order, you can file a rule to show cause to compel compliance with the order.
Q: What is the punishment for 3rd offense shoplifting? Also what would be the best case scenario for the defendant?
Stephen Grooms' answer
A shoplifting 3rd offense is a 0-10 year felony. The State must prove the prior convictions are proper enhancement convictions. For example whether or not she had an attorney could mean the prior conviction can not be used to enhance this current charge. Even if the necessary prerequisites convictions are in place, it seems like your mother has a fair amount of mitigating circumstances that could yield some leniency from the Court. That's assuming pleading guilty is in her best interests. I...
A shoplifting 3rd offense is a 0-10 year felony. The State must prove the prior convictions are proper enhancement convictions. For example whether or not she had an attorney could mean the prior conviction can not be used to enhance this current charge. Even if the necessary prerequisites convictions are in place, it seems like your mother has a fair amount of mitigating circumstances that could yield some leniency from the Court. That's assuming pleading guilty is in her best interests. I...
Q: Do my boyfriend and I have to be married in order for him to adopt my son and get full custody?
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South Carolina
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Answered on Oct 19, 2018
Answered on Oct 19, 2018
Cheryl Ann Truesdale's answer
A spouse of a biological parent can adopt that parent's child, but I don't know of a situation where a boyfriend adopted a child. The point of adoption a step-parent adoption is to provide two parents in a stable home for a child. A marriage shows a commitment between two people and a common intent to be a family. Two people living together shows neither of these things. As part of the adoption process, the biological father's parental rights would have to be terminated either with by his...
A spouse of a biological parent can adopt that parent's child, but I don't know of a situation where a boyfriend adopted a child. The point of adoption a step-parent adoption is to provide two parents in a stable home for a child. A marriage shows a commitment between two people and a common intent to be a family. Two people living together shows neither of these things. As part of the adoption process, the biological father's parental rights would have to be terminated either with by his...
Q: I have daughter with a man I was with for 5 years but not married to. I want to move with her out of state. Process?
Cheryl Ann Truesdale's answer
You question does not state whether there has been previous family action, so I am assuming there has not. Your question doesn't state how long your daughter has been living with the father. I'm assuming she and he are in South Carolina. You would have to file a case in family court seeking the establishment of paternity as to the father and custody of your daughter. The case would have to be filed in the state that is the child's home state under the Uniform Child Custody Jurisdiction and...
You question does not state whether there has been previous family action, so I am assuming there has not. Your question doesn't state how long your daughter has been living with the father. I'm assuming she and he are in South Carolina. You would have to file a case in family court seeking the establishment of paternity as to the father and custody of your daughter. The case would have to be filed in the state that is the child's home state under the Uniform Child Custody Jurisdiction and...
Q: Son lives in Connecticut with his mother and he wants to stay with me but his mother isn't allowing this. What can i do
Cheryl Ann Truesdale's answer
Your question doesn't state whether there is a South Carolina court order granting custody to the mother and, if so, whether you still live in the county where the order was issues, and whether the mother ever registered the order in Connecticut. And your questions does not state the age of your son. Those are all important facts to know and discuss with a lawyer in your area.
Your question doesn't state whether there is a South Carolina court order granting custody to the mother and, if so, whether you still live in the county where the order was issues, and whether the mother ever registered the order in Connecticut. And your questions does not state the age of your son. Those are all important facts to know and discuss with a lawyer in your area.
Q: I have kids with my ex bf we were never married. He sees the kids whenever he wants too. Can I file for child support?
1 Answer
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South Carolina
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Answered on Sep 29, 2018
Answered on Sep 29, 2018
Cheryl Ann Truesdale's answer
Putting someone's name on a birth certificate only raises a rebuttable presumption that the person named is the biological parent. For a child born out of wedlock, the mother's paternity is accepted since she gave birth to the child, but the father's paternity has to be established in a court proceeding. Until then, the father has no legal rights. His paternity can be established in a child support case, but you will not be granted legal custody if all you're seeking is child support. You...
Putting someone's name on a birth certificate only raises a rebuttable presumption that the person named is the biological parent. For a child born out of wedlock, the mother's paternity is accepted since she gave birth to the child, but the father's paternity has to be established in a court proceeding. Until then, the father has no legal rights. His paternity can be established in a child support case, but you will not be granted legal custody if all you're seeking is child support. You...
Q: I have been married in South Carolina have 2 children 8 and 6. I want to leave my husband
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South Carolina
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Answered on Sep 28, 2018
Answered on Sep 28, 2018
Cheryl Ann Truesdale's answer
Under South Carolina law, if you move out of the marital home and leave your children with your husband you increase the chance that he will be awarded temporary custody of the children if he files for divorce or separate support and maintenance. It's best to plan your move, get a place to live and take your children with you when you go then file a case in family court.
Under South Carolina law, if you move out of the marital home and leave your children with your husband you increase the chance that he will be awarded temporary custody of the children if he files for divorce or separate support and maintenance. It's best to plan your move, get a place to live and take your children with you when you go then file a case in family court.
Q: I’m having a baby with another man but plan on marrying my current fiancé of 7 years does that terminate bio dads right
1 Answer
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Family Law, Adoption, Child Custody and Child Support
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South Carolina
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Answered on Sep 9, 2018
Answered on Sep 9, 2018
Cheryl Ann Truesdale's answer
Marriage to someone other than the putative father does not terminate his parental rights. As for adoption, the putative father's parental rights must be terminated as part of the adoption case. Under South Carolina law, if a parent fails to support or visit a child for a continuous six month period, that can be grounds to terminate that parent's parental rights. However, the failure to visit or support cannot be the result of refusal to accept support or allow visitation on the part of the...
Marriage to someone other than the putative father does not terminate his parental rights. As for adoption, the putative father's parental rights must be terminated as part of the adoption case. Under South Carolina law, if a parent fails to support or visit a child for a continuous six month period, that can be grounds to terminate that parent's parental rights. However, the failure to visit or support cannot be the result of refusal to accept support or allow visitation on the part of the...
Q: I am trying to see what forms I need to file I have sole physical custody and my ex has visitations for summers
1 Answer
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South Carolina
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Answered on Sep 5, 2018
Answered on Sep 5, 2018
Cheryl Ann Truesdale's answer
Your question doesn't say if you have a court ordered custody. If you have a court order granting you custody and setting out the mother's visitation rights, you can file a Rule to Show Cause. That form can be obtained from the clerk of court's office in the family court. The Rule to Show Cause action would be to ask the court to hold the mother in contempt of court for not returning the child and to take steps to return the child to you. If you don't have court ordered custody, you need to...
Your question doesn't say if you have a court ordered custody. If you have a court order granting you custody and setting out the mother's visitation rights, you can file a Rule to Show Cause. That form can be obtained from the clerk of court's office in the family court. The Rule to Show Cause action would be to ask the court to hold the mother in contempt of court for not returning the child and to take steps to return the child to you. If you don't have court ordered custody, you need to...
Q: Can I require my ex-wife to move my son from Montessori to Traditional? She has educational decisions, but nothing else.
Cheryl Ann Truesdale's answer
If you ex-wife has the authority to make educational decisions pursuant to a court order, you would have to file a new court case seeking to modify that provision of the order. Modifications cases all have the same requirement which is a showing that there has there been a substantial change in circumstances since the previous court order that warrants the modification.
If you ex-wife has the authority to make educational decisions pursuant to a court order, you would have to file a new court case seeking to modify that provision of the order. Modifications cases all have the same requirement which is a showing that there has there been a substantial change in circumstances since the previous court order that warrants the modification.
Q: I left my child's father (unmarried) and moved to SC after my son was attacked by his pitbull. Can I file in SC?
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Answered on Jul 12, 2018
Answered on Jul 12, 2018
Cheryl Ann Truesdale's answer
Your question does not state whether there has been prior child support or custody court action in Virginia. If there has been, Virginia has continuing jurisdiction. If there has been no prior court action, Virginia will still be considered the child's home state under the Uniform Child Custody Jurisdiction Act because that is where the child has been living prior to your move to South Carolina. The child would need to live in South Carolina for at least six months before a custody case could...
Your question does not state whether there has been prior child support or custody court action in Virginia. If there has been, Virginia has continuing jurisdiction. If there has been no prior court action, Virginia will still be considered the child's home state under the Uniform Child Custody Jurisdiction Act because that is where the child has been living prior to your move to South Carolina. The child would need to live in South Carolina for at least six months before a custody case could...
Q: Can I legally move my son out of state without his father's consent? We were never married.
Cheryl Ann Truesdale's answer
A child born out of wedlock is presumed to be the child of the mother, but the father's paternity has to be established in a family court case in order for him to assert his parental rights. A father whose parental rights have not been judicially established has no say concerning the child. Having said that, nothing prevents a father from filing an action in family court to have his paternity declared and to seek custody or visitation with the child even after the mother has moved.
A child born out of wedlock is presumed to be the child of the mother, but the father's paternity has to be established in a family court case in order for him to assert his parental rights. A father whose parental rights have not been judicially established has no say concerning the child. Having said that, nothing prevents a father from filing an action in family court to have his paternity declared and to seek custody or visitation with the child even after the mother has moved.
Q: What kind of rights does my child’s father have if we never married
1 Answer
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South Carolina
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Answered on May 24, 2018
Answered on May 24, 2018
Cheryl Ann Truesdale's answer
An unwed father's paternity, and therefore his parental rights, has to be established by a family court order even if his name is on the birth certificate. Paternity will be the first issue that will need to be addressed in an initial child support, visitation or custody case. Paternity can be established as easily as having the father and mother admitting in court that he is the father. If there is a dispute as to paternity, DNA testing can be done.
An unwed father's paternity, and therefore his parental rights, has to be established by a family court order even if his name is on the birth certificate. Paternity will be the first issue that will need to be addressed in an initial child support, visitation or custody case. Paternity can be established as easily as having the father and mother admitting in court that he is the father. If there is a dispute as to paternity, DNA testing can be done.
Q: My daughter has a child with a man she does not want to marry because he’s a drunk w/ potty mouth. Can she get custody?
1 Answer
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Child Custody, Domestic Violence and Family Law
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South Carolina
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Answered on Apr 14, 2018
Answered on Apr 14, 2018
Cheryl Ann Truesdale's answer
Your daughter can file for an order of protection through family court to ask the court to order him out of her house, to grant a restraining order, to grant her custody of her daughter and child support. The petition for an order of protection can be obtained from the family court clerk of court's office.
Your daughter can file for an order of protection through family court to ask the court to order him out of her house, to grant a restraining order, to grant her custody of her daughter and child support. The petition for an order of protection can be obtained from the family court clerk of court's office.
Q: if a temp. custody order was granted and the case was dismissed ... shouldnt i have my child back
Cheryl Ann Truesdale's answer
The better approach would be to file a case in family court seeking return of your daughter and dismissal of child support action and naming grandmother and SCDSS as defendants
The better approach would be to file a case in family court seeking return of your daughter and dismissal of child support action and naming grandmother and SCDSS as defendants
Q: My soon to be 4 yr old son's biological father has never been present in his life. He didnt sign the birth certificate.
1 Answer
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Family Law, Adoption and Child Custody
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South Carolina
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Answered on Mar 27, 2018
Answered on Mar 27, 2018
Cheryl Ann Truesdale's answer
The father may be willing to sign a consent to relinquish his parental rights in turn for the dismissal of his child support obligation. Alternatively, the grounds to terminate parental rights is if the father has failed to visit or support the child for six months, but the failure to visit or support cannot be because you prevented visitation or support. You will need a lawyer to help you with a consent or a termination.
The father may be willing to sign a consent to relinquish his parental rights in turn for the dismissal of his child support obligation. Alternatively, the grounds to terminate parental rights is if the father has failed to visit or support the child for six months, but the failure to visit or support cannot be because you prevented visitation or support. You will need a lawyer to help you with a consent or a termination.
Q: Where do you file for a childs name change, birthplace or state of residency?
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Child Custody, Child Support and Family Law
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South Carolina
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Answered on Mar 11, 2018
Answered on Mar 11, 2018
Cheryl Ann Truesdale's answer
Virginia has continuing jurisdiction because the custody order was issued there. You can register your custody order in family court in the county where you live and ask the court to take jurisdiction which would then allow you to file for a name change in that county. Having South Carolina take jurisdiction would also allow you to enforce and/or modify your custody order in South Carolina, if that need arose. You will need a lawyer to help you do this.
Virginia has continuing jurisdiction because the custody order was issued there. You can register your custody order in family court in the county where you live and ask the court to take jurisdiction which would then allow you to file for a name change in that county. Having South Carolina take jurisdiction would also allow you to enforce and/or modify your custody order in South Carolina, if that need arose. You will need a lawyer to help you do this.
Q: I was told I can either willingly sign over my rights to my kids and get visitation or fight it and not see them,
Cheryl Ann Truesdale's answer
A written consent to terminate parental rights must state that you are signing over your rights freely and voluntarily AND a lawyer must review the consent with you and explain your rights before you sign and your consent must be witnessed. You mention nothing about how your sister came to have custody or about the court order that granted your sister custody. Custody orders typically address what visitation the non-custodial parents has. If you were granted visitation by the court, you can...
A written consent to terminate parental rights must state that you are signing over your rights freely and voluntarily AND a lawyer must review the consent with you and explain your rights before you sign and your consent must be witnessed. You mention nothing about how your sister came to have custody or about the court order that granted your sister custody. Custody orders typically address what visitation the non-custodial parents has. If you were granted visitation by the court, you can...
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